What are the forms of a lawsuit petition in Vietnam in 2022? What are the instructions of writing a lawsuit petition?
What are the regulations on the forms and contents of the lawsuit petition in Vietnam?
According to the provisions of Article 189 of the Code of Civil Procedure in 2015, the specific form and content of the lawsuit petition are as follows:
"Article 189. Form and contents of a lawsuit petition
1. Individuals, agencies and organizations initiating lawsuits must prepare their petitions.
2. Individuals shall draw up petitions as follows:
a) Individuals with fully civil procedure act capacity may draw up petitions themselves or request other persons to draw up petitions. Names and residential addresses of such individuals shall be written at the blanks for names and addresses of the litigators; at the end of the petitions, there shall be signatures or fingerprints of such individuals;
b) Regarding individuals being minors, legally incapacitated persons, persons with limited cognition or behavior control, their lawful representatives may draw up petitions themselves or request other persons to draw up petitions. Names and residential addresses of such individuals shall be written at blanks for names and addresses of the litigators; at the end of the petitions, there shall be signatures or fingerprints of the lawful representatives;
c) Individuals of cases specified in points a and b of this clause who are illiterate or have visual disabilities or who cannot draw up petitions or append signatures or fingerprints themselves may request other persons to help them draw up the petitions under the witnessing of persons with fully civil procedure capacity. The witnesses must append their signatures on the petitions.
3. If litigators are agencies or organizations, the lawful representatives of such agencies/organizations may draw up themselves or request other persons to draw up petitions. Names and residential addresses of such agencies/organizations and full names and positions of their lawful representatives shall be written at the blanks for names and address of litigators; at the end of the petitions, there shall be signatures and seals of the lawful representatives of such agencies/organizations. If the litigators are enterprises, the use of seals must comply with regulations in the Law on Enterprise.
4. A lawsuit petition must include the following principal contents:
a) Date of its making;
b) Name of the Court receiving the lawsuit petition;
c) Name, place of residence, place of work of the litigator (applicable to litigators being individuals) or head office of the litigator (applicable to litigators being agencies/organizations); phone number, fax and e-mail address (if any).
If the parties reach agreement on an address for the Court to contact, such address shall be specified;
d) Name, place of residence, place of work of person whose interests and duties are protected (applicable to individuals) or head office of person whose interests and duties are protected (applicable to agencies and organizations); phone number, fax and e-mail address (if any);
dd) Name, place of residence, place of work of the defendant (applicable to individuals) or head office of the defendant (applicable to agencies/organizations); phone number, fax and e-mail address (if any). If the place of residence, place of work or head office of the defendant is indefinite, the last place of residence, place of work or head office of the defendant shall be specified;
e) Name, place of residence, place of work of person with relevant interests and duties (applicable to individuals) or head office of person with relevant interests and duties (applicable to agencies and organizations); phone number, fax and e-mail address (if any).
If the place of residence, place of work or head office of the person with relevant interests and duties is indefinite, the last place of residence, place of work or head office of the defendant shall be specified;
g) Lawful interests and duties of the litigator that are infringed upon; specific matters of the defendant, person with relevant interests and duties that are applied for resolution by the Court;
h) Names and addresses of witnesses (if any);
i) List of documents and/or evidences accompanied with lawsuit petitions.
5. The petitions must be accompanied with materials and evidences proving that legal rights and interests of litigators are infringed upon. For cases where due to objective reasons, the litigators failed to provide adequately materials and evidences accompanied with the petitions, they must provide current materials and evidences to prove that legal rights and interests of the litigators are infringed upon. Litigators shall supplement materials and evidences at the request of the Courts during the case resolution."
What are the forms and contents of a lawsuit petition in Vietnam 2022? What are the instructions of writing a lawsuit petition?
What are the latest forms and contents of a lawsuit petition in Vietnam 2022?
In Form No. 23-DS of the List promulgated together with Resolution 01/2017/NQ-HDTP, the form in civil proceedings issued by the Council of Judges of the Supreme People's Court provides a specific petition form as follows:
Download the Complaint Form: Here.
What are the instructions of writing a lawsuit petition in Vietnam?
In Form No. 23-DS of the List promulgated together with Resolution 01/2017/NQ-HDTP, there are instructions on how to write a lawsuit petition form and specific notes when writing a lawsuit petition as follows:
(1) Write the place to file the lawsuit (for example: Hanoi, date .....may……).
(2) Write the name of the Court competent to handle the case; if it is a district-level People's Court, it is necessary to specify which district People's Court belongs to which province or centrally run city (for example: People's Court of district A, province B), if it is the People's Court of provinces, specify which province (city) People's Court (for example, the People's Court of Hung Yen province) and the address of that Court.
(3) If the petitioner is an individual, write his/her full name; For the case where the petitioner is a minor, a person who has lost his/her civil act capacity, a person with limited civil act capacity, or a person with difficulties in perception and behavior control, write the full name and address of his/her legal representative; if the petitioner is an agency or organization, write the name of the agency or organization and the full name of the lawful representative of that agency or organization.
(4) Write the place of residence at the time of filing the petition. If the petitioner is an individual, the full address of the place of residence (for example: Nguyen Van A, residing in village B, commune C, district M, province H); if the petitioner is an agency or organization, write the address of the head office of that agency or organization (for example: Hin Sen Co., Ltd. has its head office: No. 20 LTK Street, HK District, City H) .
(5), (7), (9) and (12) Record the same as the instructions at point (3).
(6), (8), (10) and (13) Record the same as the instructions at point (4).
(11) Specify each issue to request the Court to settle.
(14) Specify the names of the documents attached to the petition, which documents are included and must be numbered (for example, the documents attached to the petition include: copy of the house sale and purchase contract, paper copy. certificates of land use rights, etc.).
(15) Write the information that the plaintiff considers necessary for the settlement of the case (for example: The plaintiff notifies the Court when a dispute occurs that one of the litigants has gone abroad for medical treatment. ...).
(16) If the petitioner is an individual, there must be the signature or fingerprint of that petitioner; In case the petitioner is a minor, a person who has lost his/her civil act capacity, a person with limited civil act capacity, or a person with difficulties in cognition and behavior control, such legal representative must sign point name only; In case the petitioner or legal representative is illiterate, unable to see, unable to file a lawsuit by himself, not to sign his/her own signature or fingerprint, a person with full civil procedure act capacity shall testify and sign the petition for certification. If it is the agency organizing the lawsuit, the lawful representative of the agency or organization that initiates the lawsuit shall sign, clearly state his/her full name and position and affix the seal of that agency or organization. If the organization that initiates the lawsuit is an enterprise, the use of its seal shall comply with the provisions of the Law on Enterprises. If the petitioner is illiterate, he/she must have a witness sign for certification according to the provisions of Point c, Clause 2, Article 189 of the Code of Civil Procedure.
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